McFarland v. United States Mutual Accident Ass'n
Supreme Court of Missouri
Appeal from Andrew Circuit Court.—Hon. 0. A-Anthony, Judge. (1) No notice whatever having been given of the accident or injury, the claim, if one ever existed, is invalidated and no recovery can be had in this case. 2 May on Ins. [3 Ed.], secs. 460,465; Laforcev. Ins. Co.T 43 Mo. App. 527; TrasTte v. Ins. Co., 29 Pa. St. 198; Ins.
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Appeal from Andrew Circuit Court.—Hon. 0. A-Anthony, Judge. (1) No notice whatever having been given of the accident or injury, the claim, if one ever existed, is invalidated and no recovery can be had in this case. 2 May on Ins. [3 Ed.], secs. 460,465; Laforcev. Ins. Co.T 43 Mo. App. 527; TrasTte v. Ins. Co., 29 Pa. St. 198; Ins. Co., v. Kyle, 11 Mo. 289; Reynolds v. Association, 1 N. Y. Supp. 738. (2) The word “immediately” means within a reasonable time and the delay may be so great that it may be held as a matter of law that the notice was not in time, Cooke on Life Ins., sec. 115,. p.…
1Opinion of the CourtMacfaklane, J.
The defendant is an accident insurance company, doing business on the assessment plan, and in June, 1886, issued and delivered to Thomas McFarland, plaintiff’s husband, a beneficiary certificate wherein, for a sufficient consideration, it promised to pay to plaintiff $3,000 within sixty days after proof that Thomas McFarland shall have sustained bodily injuries effected through external, violent and accidental means, and such injuries shall have occasioned death within ninety days after the happening thereof. The said certificate contained a further agreement on the part of defendant, in the…
2Cases cited10 opinions
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Elkhart Mutual Aid, Benevolent & Relief Ass'n v. HoughtonIndiana Supreme Court · 1885
- O'Brien v. . Home Benefit SocietyNew York Court of Appeals · 1889
- Kansas Protective Union v. WhittSupreme Court of Kansas · 1887
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3Cited by45 opinions
- Western Commercial Travelers' Ass'n v. SmithCourt of Appeals for the Eighth Circuit · 1898
- Greer v. Zurich Insurance CompanySupreme Court of Missouri · 1969
- Tresner v. State Farm Insurance Co.Supreme Court of Missouri · 1995
- Hefner v. Fidelity & Casualty Co. of New YorkCourt of Appeals of Texas · 1913
- Mandell v. Fidelity & Casualty Co.Massachusetts Supreme Judicial Court · 1898
40 more not listed; retrieve them via the Exa API.